Claremont, CA asked in Immigration Law for California

Q: I'm currently on a F1 visa and I'm considering applying for an O1 visa. If my O1 visa gets denied, will I lose the F1?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: If you apply for an O1 visa while on an F1 visa and your O1 application is denied, it does not automatically impact your F1 status. Your F1 visa remains valid as long as you comply with its terms and conditions, which primarily include maintaining your student status.

It's important to note, though, that applying for an O1 visa can sometimes indicate an intent to immigrate. This could potentially raise questions about your non-immigrant intent under the F1 visa during future applications or entries into the U.S. Therefore, it's advisable to discuss your specific situation with an immigration attorney to understand all possible implications and strategize accordingly.

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